Clause 74

BARONESS HAMWEE

Clause 75

BARONESS HAMWEE

Clause 77

BARONESS HAMWEE

56ZQ

Page 47, line 17, at end insert—

“( ) the owner, occupier or operator of the premises;”

Clause 79

BARONESS HAMWEE

56ZR

Page 48, line 26, at end insert—

“(3A) A person does not commit an offence in relation to a closure notice or order unless a copy of the notice or order was served on him, or the complainant has displayed information about the provisions of the notice or order on or adjacent to the premises, in such a way that it is reasonable for the person to have seen sufficient information to know that the premises were closed to him.”

Clause 83

BARONESS HAMWEE

56ZS

Page 50, line 41, at end insert “that paragraph (a), (b) or (c) applies and that paragraph (d) applies”

After Clause 85

LORD HARRIS OF HARINGEY

56A

Insert the following new Clause—

“Crime and disorder reduction: development control

(1) The Secretary of State shall designate a body representative of chief officers of police for the purposes of this section.

(2) A body designated under this section shall publish guidelines that specify 6for a particular type of development the measures that should be included in that development to promote—

(a) crime and disorder reduction, and

(b) the prevention of anti-social behaviour.

(3) Guidelines under this section shall only be produced following consultation with organisations that represent—

(a) local authorities, and

(b) persons engaged in the design and construction of developments requiring planning permission.

(4) A planning authority may, in respect of any application that it receives for planning permission, specify as a condition for the approval of that planning permission that the development concerned must follow guidelines published under this section.

(5) A planning authority may only specify a condition under subsection (4) if it is satisfied that to do so would promote—

(a) crime and disorder reduction, or

(b) the prevention of anti-social behaviour.”

LORD GREAVES

[As an amendment to Amendment 56A]

56AZA

Line 6, leave out “should” and insert “may”

Clause 86

BARONESS HAMWEE

56AA

Page 52, line 37, after “met” insert “and that such an order is proportionate”

56AB

Page 53, line 8, leave out “or visiting”

LORD GREAVES

56ABA

Page 53, line 11, leave out “locality” and insert “vicinity”

56ABB

Page 53, line 15, leave out “locality” and insert “vicinity”

BARONESS HAMWEE

56AC

Page 53, line 23, leave out “or visiting”

LORD GREAVES

56ACA

Page 53, line 27, leave out “locality” and insert “vicinity”

56ACB

Page 53, line 31, leave out “capable of causing” and insert “intended or likely to cause”

56ACC

Page 53, line 35, leave out “capable of causing” and insert “intended or likely to cause”

BARONESS HAMWEE

56AD

Page 53, line 41, leave out “or visiting”

LORD GREAVES

56ADZA

Page 53, line 47, leave out “locality” and insert “vicinity”

LORD TAYLOR OF HOLBEACH

56ADA

Page 55, line 10, leave out from “instrument” to end of line 16

56ADB

Page 55, line 19, at end insert—

“(13) A statutory instrument containing an order under subsection (10) or (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of—

(a) each House of Parliament (in the case of an order of the Secretary of State), or

(b) the National Assembly for Wales (in the case of an order of the Welsh Ministers).”

BARONESS O’LOAN

BARONESS YOUNG OF HORNSEY

56ADC

Page 55, line 19, at end insert—

“(13) A person who becomes homeless as a result of an order for possession made under this section shall not by virtue of that fact alone be considered intentionally homeless for the purposes of section 191 or 196 of the Housing Act 1996.”

BARONESS O’LOAN

LORD GREAVES

LORD ROSSER

BARONESS SMITH OF BASILDON

The above-named Lords give notice of their intention to oppose the Question that Clause 86 stand part of the Bill.

Clause 87

LORD GREAVES

56ADD

Page 56, leave out lines 31 to 34

BARONESS O’LOAN

Baroness O’Loan gives notice of her intention to oppose the Question that Clause 87 stand part of the Bill.

Clause 88

BARONESS HAMWEE

56AE

Page 57, line 31, leave out “may” and insert “shall”

56AF

Page 57, line 38, at end insert—

“(c) enabling the landlord to confirm the decision but to grant a tenancy of the dwelling-house to a person other than the tenant residing in it”

BARONESS O’LOAN

Baroness O’Loan gives notice of her intention to oppose the Question that Clause 88 stand part of the Bill.

Clause 89

BARONESS HAMWEE

56AG

Page 58, line 9, at end insert “and that such an order is proportionate”

56AH

Page 58, line 11, leave out “or visiting”

LORD GREAVES

56AHA

Page 58, line 14, leave out “locality” and insert “vicinity”

56AHB

Page 58, line 18, leave out “locality” and insert “vicinity”

BARONESS HAMWEE

56AJ

Page 58, line 27, leave out “or visiting”

LORD GREAVES

56AJA

Page 58, line 32, leave out “locality” and insert “vicinity”

56AJB

Page 58, line 39, leave out “locality” and insert “vicinity”

BARONESS HAMWEE

56AK

Page 59, line 1, leave out “or visiting”

LORD GREAVES

56AKA

Page 59, line 7, leave out “locality” and insert “vicinity”

56AKB

Page 59, line 14, leave out “locality” and insert “vicinity”

BARONESS O’LOAN

BARONESS YOUNG OF HORNSEY

56AL

Page 60, line 14, at end insert—

“A person who becomes homeless as a result of an order for possession made under this ground shall not by virtue of that fact alone be considered intentionally homeless for the purposes of section 191 or 196 of the Housing Act 1996.”

BARONESS O’LOAN

LORD ROSSER

BARONESS SMITH OF BASILDON

The above-named Lords give notice of their intention to oppose the Question that Clause 89 stand part of the Bill.

Clause 90

BARONESS O’LOAN

Baroness O’Loan gives notice of her intention to oppose the Question that Clause 90 stand part of the Bill.

Clause 91

LORD GREAVES

56AM

Page 61, line 39, leave out “or a person”

BARONESS HAMWEE

56B

Page 61, line 40, leave out “an” and insert “a serious”

56C

Page 61, line 43, at end insert—

“In this Ground “serious offence” shall have the same meaning as in section 84A.”

56CA

Page 61, line 43, at end insert—

“The court may if it considers it reasonable order the transfer of the tenancy of the dwelling-house to a person other than the tenant residing in it.”

56CB

Page 62, line 2, at end insert—

“The court may if it considers it reasonable order the transfer of the tenancy of the dwelling-house to a person other than the tenant residing in it.”

LORD GREAVES

56CC

Page 62, line 7, leave out “or a person”

BARONESS HAMWEE

56D

Page 62, line 8, leave out “an” and insert “a serious”

56E

Page 62, line 11, at end insert—

“In this Ground “serious offence” shall have the same meaning as in section 84A.”

LORD FAULKS

BARONESS BERRIDGE

LORD ROSSER

BARONESS SMITH OF BASILDON

The above-named Lords give notice of their intention to oppose the Question that Clause 91 stand part of the Bill.

Clause 92

BARONESS O’LOAN

Baroness O’Loan gives notice of her intention to oppose the Question that Clause 92 stand part of the Bill.

Clause 93

BARONESS HAMWEE

56F

Page 64, line 14, leave out “one” and insert “two”

56G

Page 64, line 28, at end insert—

“( ) the relevant district council or unitary authority for the area as defined in section 97,”

LORD GREAVES

56GA

Page 64, line 30, leave out “thinks” and insert “and councils for the local government area think”

56GB

Page 64, line 31, leave out “thinks” and insert “and councils for the local government area think”

BARONESS HAMWEE

56H

Page 64, line 36, after “police” insert “and local authorities”

Clause 94

LORD GREAVES

56HA

Page 65, line 10, leave out “or committed an offence”

56HB

Page 65, line 15, leave out from “instead” to end of line 18

LORD PONSONBY OF SHULBREDE

56J

Page 66, line 10, at end insert—

“( ) Provisions should be put in place under a designated senior police officer to ensure scrutiny of decision making through a local scrutiny panel.

( ) The strategy and usage of cautions and out of court disposals should be reviewed by a local scrutiny panel on a regular basis.

( ) The use of cautions and out of court disposals for serious cases and repeat offenders should be particularly scrutinised.”

Clause 96

LORD ROSSER

BARONESS SMITH OF BASILDON

56K

Page 67, line 30, at end insert—

“( ) The relevant bodies must decide under subsection (1)(b) that the threshold for a review is met where the person making the complaint has notified any of the relevant bodies that he or she has been a victim of anti-social behaviour or is vulnerable due to ill health, mental capacity, race, sexuality or religion.”

BARONESS HAMWEE

56L

Page 68, line 40, at end insert—

“(c) the complaint is made by a person residing at an address not the same as another person complaining about the same or substantially similar behaviour unless the complaints are at least one month apart”

Schedule 4

LORD GREAVES

56LA

Page 145, line 33, leave out sub-paragraph (i) and insert—

“(i)
the council for the local government area,”

Clause 97

LORD GREAVES

56LB

Page 69, leave out lines 6 and 7 and insert “a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly”

56LC

Page 69, line 8, leave out from second “council” to end of line 9 and insert “for an area for which there is no county council”

56LD

Page 69, leave out lines 10 to 19

56LE

Page 69, line 25, leave out paragraph (a) and insert—

“(a) the council for the area,”

Before Clause 98

BARONESS SMITH OF BASILDON

LORD ROSSER

BARONESS GALE

56LF

Insert the following new Clause—

“Risk assessment of seized dogs

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 5 (seizure, entry of premises and evidence) after subsection (3) there is inserted—

“(3A) Following seizure of a dog for an offence under section 1, 2 or 3 of this Act, within 48 hours of seizure the animal must be assessed to determine whether—

(a) it is a prohibited type of dog, and/or

(b) behaviourally risk assessed by a suitably qualified behaviourist to determine whether it can be released with or without conditions placed on its management by its owner or keeper, such conditions can include but are not limited to—

(i)
keeping the dog on a lead when in public;

(ii)
keeping the dog muzzled when in public.

(3B) Reasons must be given for a decision not to release the dog.””

Clause 98

BARONESS OPPENHEIM-BARNES

56LG

Page 70, line 46, at end insert—

“( ) after subsection (2) there is inserted—

“(2A) The owner of a dog commits an offence if they, or the person for the time being in charge of the dog, are not able to control the dog in a public place whether or not it is muzzled or kept on a lead.””

(c) 3 years in any case where an assistance dog is injured (whether or not it dies).””

After Clause 99

BARONESS GALE

BARONESS SMITH OF BASILDON

LORD ROSSER

56MA

Insert the following new Clause—

“Dog control notice

(1) Where an authorised officer has reasonable cause to believe that a dog is not under sufficient control and requires greater control in any place, as a preventative measure to protect the public, the dog itself, or another protected animal, he or she may serve on the owner, and if different, person for the time being in charge of the dog, a written control notice which—

(a) states that he or she is of that belief;

(b) specifies the respects in which he or she believes the owner, and if different, the person for the time being in charge of the dog, is failing to keep the dog under sufficient control;

(c) specifies the steps he or she requires the owner, and if different, the person for the time being in charge of the dog, to take in order to comply with the notice;

(d) specifies the date by which the terms of the notice must be complied with; and

(e) specifies the date that the notice expires which will not be for a period which exceeds six months.

(2) In a control notice pursuant to subsection (1)(c), an authorised officer must require a dog to be microchipped (if not already done) and the owner, and if different, the person for the time being in charge of the dog, register the dog with a microchip database, and may require the following steps, where appropriate, but not limited to—

(a) keeping the dog muzzled as directed;

(b) keeping the dog on a lead when in public or under control as directed;

(c) requiring the owner, and if different, the person for the time being in charge of the dog, to seek and implement expert advice about training and behaviour for the dog;

(d) having the dog neutered where appropriate; and

(e) keeping the dog away from particular places or persons.

(3) Failure to comply with the steps required in a control notice within the time period specified, to the satisfaction of the authorised officer, may lead to a complaint to a magistrates’ court under section 2 of the Dogs Act 1871.

(4) The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner, and if different, the person for the time being in charge of a dog, fails to comply with the steps required in a control notice within the time period specified in accordance with subsection (3) as they would apply if a dog was dangerous and not kept under proper control.

(5) An “authorised officer” is a person that has been appointed by the local authority or police for the purposes of this Act.

(6) A “protected animal” is one that is commonly domesticated in the British Islands, is under the control of man whether on a permanent or temporary basis, or is not living in a wild state.”

BARONESS SMITH OF BASILDON

LORD ROSSER

BARONESS GALE

56MB

Insert the following new Clause—

“Review by Secretary of State on use of community protection notices in addressing dangerous dogs

Three years after this section comes into force, and every three years after that, the Secretary of State shall review the use of community protection notices in addressing the issue of dangerous dogs after consulting with relevant persons as he or she thinks appropriate.”

56MC

Insert the following new Clause—

“Joint guidance issued by Home Office and Department of Environment, Food and Rural Affairs

Joint guidance shall be issued by the Home Office and Department of Environment, Food and Rural Affairs to the relevant authorities on how to use community protection notices to address the issue of dangerous dogs.”

Before Clause 100

BARONESS SMITH OF BASILDON

LORD ROSSER

56MD

Insert the following new Clause—

“Firearms licences: assessing public safety

(1) The Firearms Act 1968 is amended as follows.

(2) After section 28A (certificates: supplementary) insert—

“28BAssessing public safety

(1) When assessing the threat to public safety under section 27, 28, 30A, 30B or 30C, the chief police officer must ensure that a range of background checks are performed.

(2) Where these checks uncover substantiated evidence of violent conduct, domestic violence, mental illness or drug or alcohol abuse, the presumption is that the chief police officer should refuse the licence application unless exceptional evidence can be brought forward by the applicant as to their suitability to possess a weapon.

(3) When assessing public safety within this section, the chief police officer must follow any guidance issued by the Secretary of State.”

(3) After section 113(1) (power of Secretary of State to alter fees) there is inserted—

“(1A) Before making an order under this section, the Secretary of State must consult chief police officers to ensure the level of fees collected by the police under sections 32 and 35 are appropriate after considering the costs they incur through the administration and assessment of firearms’ licences made under this Act.””

Clause 100

BARONESS HAMWEE

56ME*

Page 72, line 43, leave out subsection (6)

After Clause 101

LORD TAYLOR OF HOLBEACH

56MF

Insert the following new Clause—

“Possession of firearms by persons previously convicted of crime

(1) In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), before subsection (3) there is inserted—

“(2C) Where—

(a) a person has been sentenced to imprisonment for a term of three months or more, and

(b) the sentence is suspended under section 189 of the Criminal Justice Act 2003,

the person shall not have a firearm or ammunition in his possession at any time during the period of five years beginning with the second day after the date on which the sentence is passed.”

(2) In section 58(2) of that Act (saving for antique firearms), for “Nothing in this Act” there is substituted “Apart from—

(a) section 21 and Schedule 3, and

(b) any other provision of this Act so far as it applies in relation to an offence under section 21,

nothing in this Act”.

(3) Where—

(a) a person is in possession of a firearm or ammunition immediately before the day on which subsection (1) comes into force,

(b) by reason of a sentence imposed before that day, subsection (1) would (but for this subsection) make the person’s possession of the firearm or ammunition subject to a prohibition under section 21 of the Firearms Act 1968, and

(c) the person’s possession of the firearm or ammunition immediately before that day is authorised by a certificate within the meaning given in section 57(4) of that Act,

the prohibition does not apply while the certificate remains in force.”

After Clause 103

LORD FOULKES OF CUMNOCK

BARONESS SMITH OF BASILDON

LORD BRADSHAW

56N

Insert the following new Clause—

“Assault on workers in public facing roles

(1) A person, being a member of the public, who assaults a worker—

(a) in the course of that worker’s employment, or

(b) by reason of that worker’s employment,

commits an offence.

(2) No offence is committed—

(a) under subsection (1)(a) unless the person who assaults knows, or ought to know, that the worker is acting in the course of the worker’s employment;

(b) under subsection (1)(b) unless the assault is motivated, in whole or in part, by malice towards the worker by reason of the worker’s employment.

(3) In this section—

“worker” means a person whose employment involves dealing with members of the public, to any extent, but only if that employment involves—

(a) being physically present in the same place and at the same time as one or more members of the public; and

(b) interacting with those members of the public for the purposes of the employment; or

(c) providing a service to either particular members of the public or the public generally,

“employment” in this context means any paid or unpaid work whether under contract, apprenticeship, or otherwise.

(4) Evidence from a single source is sufficient evidence to establish for the purpose of subsection (1) whether a person is a worker.

(5) A person guilty of an offence under this Act is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding level 5 on the standard scale.”

BARONESS SMITH OF BASILDON

LORD ROSSER

56NA

Insert the following new Clause—

“Control of new psychoactive substances

(1) Any person supplying, or offering to supply, a synthetic psychoactive substance including but not restricted to—

(a) a powder;

(b) a pill;

(c) a liquid; or

(d) a herbal substance with the appearance of cannabis, which is likely to be consumed by a person for the purpose of causing intoxication,

will be subject to a synthetic psychoactive product order prohibiting its supply.

(2) Any subsequent breach of that order will be an offence.

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.

(4) This section does not apply to alcohol, tobacco or any drug currently scheduled under the Misuse of Drugs Act 1971 or the Medicines Act 1968.”

56NB

Insert the following new Clause—

“Review of effect of legal highs on anti-social behaviour

The Secretary of State shall carry out a review no more than 12 months following the passing of this Act to assess the effect of legal psychoactive drugs on—

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

(1) A person commits an offence if he or she buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Clause 110

LORD TAYLOR OF HOLBEACH

56P

Page 81, line 37, leave out “and (7)” and insert “, (7) and (10)”

56Q

Page 81, line 37, at end insert—

“( ) in subsection (9), for “the first regulations to be made” there is substituted “regulations”.”

BARONESS SMITH OF BASILDON

LORD ROSSER

The above-named Lords give notice of their intention to oppose the Question that Clause 110 stand part of the Bill.

After Clause 113

LORD TAYLOR OF HOLBEACH

56QZA

Insert the following new Clause—

“Charging of fees by the College

After section 95 of the Police Act 1996 there is inserted—

“95ACharging of fees by College of Policing

(1) The College of Policing may charge fees for providing services of a public nature only if—

(a) the services are of a specified description and are provided with a view to promoting the efficiency, effectiveness or professionalism of the police, and

(b) the fees are of a specified amount or are determined in a specified manner.

(2) In this section “specified” means specified in an order made by the Secretary of State.

(3) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.””

Clause 115

BARONESS HAMWEE

Baroness Hamwee gives notice of her intention to oppose the Question that Clause 115 stand part of the Bill.

Clause 119

BARONESS HAMWEE

56QZB*

Page 87, leave out lines 12 to 18

Clause 120

BARONESS HAMWEE

56QZC*

Page 89, leave out lines 14 to 20

56QZD*

Page 90, leave out lines 5 to 11

Before Clause 121

BARONESS DOOCEY

LORD HARRIS OF HARINGEY

56QZE*

Insert the following new Clause—

“IPCC: requirement to carry out investigations

In section 10 of the Police Reform Act 2002 (general functions of the Commission) after subsection (2) insert—

“(2A) In carrying out its functions in subsection (1)(a) with regard to investigations under subsection (2)(c), the Commission shall ensure that the majority of investigations are conducted by the staff of the Commission.””

56QZF*

Insert the following new Clause—

“IPCC: provision for staff not to be constables etc.

In Schedule 2 to the Police Reform Act 2002 (the Independent Police Complaints Commission), in paragraph 6 (staff) at the end of sub-paragraph (1) insert “save that—

(a) the Chief Investigator shall not be a person who has held office as a constable in any part of the United Kingdom; and

(b) by 1 January 2017, at least 75% of those employed by the Commission shall not be persons who hold or have held office as a constable in any part of the United Kingdom, or who are or have been police staff.””

56QZG*

Insert the following new Clause—

“IPCC: Report to the Secretary of State

In section 11 of the Police Reform Act 2002 (reports to the Secretary of State), after subsection (1) insert—

“(1A) Each report under subsection (1) shall include but not be confined to a report on—

(a) progress towards the target set in paragraph 6(1)(b) of Schedule 2 concerning the number of employees of the Commission who hold or have held office as a constable or police staff in any part of the United Kingdom;

(b) the percentage of investigations conducted during the year by—

(i)
Commission staff;

(ii)
Police Professional Standards Departments under the direction and control of the Commission;

(iii)
Police Professional Standards Departments under their own direction and control but under the supervision of the Commission;

(iv)
police officers in cases where the Commission has decided that a local investigation is appropriate; and

(v)
police forces in cases where the Commission has reviewed the circumstances and returned the matter back to the force to be dealt with as the force considers appropriate;

(c) other measures taken by the IPCC and the Secretary of State to secure the independence of the Commission; and

(d) any transfer of responsibilities or functions to or from the IPCC.””

Clause 121

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

LORD STEVENS OF KIRKWHELPINGTON

56QA

Page 90, line 25, after “person” insert “who is licensed and who works for a company licensed by the Security Industry Authority and”

Clause 126

LORD TAYLOR OF HOLBEACH

56R

Page 97, line 37, leave out “the College of Policing” and insert “regulations made by the Secretary of State”

56S

Page 97, line 39, leave out “College of Policing” and insert “regulations”

56T

Page 97, line 42, leave out “College of Policing” and insert “regulations”

56U

Page 98, leave out lines 1 to 3 and insert—

“(1D) The College of Policing must recommend to the Secretary of State matters to be designated under this paragraph.

(1E) The Secretary of State may make regulations under this paragraph only if they give effect to a recommendation under sub-paragraph (1D).””

56V

Page 98, line 15, leave out “the College of Policing” and insert “regulations made by the Secretary of State”

56W

Page 98, line 17, leave out “College of Policing” and insert “regulations”

56X

Page 98, line 20, leave out “College of Policing” and insert “regulations”

56Y

Page 98, leave out lines 21 to 23 and insert—

“(3D) The College of Policing must recommend to the Secretary of State matters to be designated under this section.

(3E) The Secretary of State may make regulations under this section only if they give effect to a recommendation under subsection (3D).””

After Clause 129

LORD TAYLOR OF HOLBEACH

56YA

Insert the following new Clause—

“Information about guests at hotels believed to be used for child sexual exploitation

(1) A police officer of at least the rank of inspector may issue a notice under this section to the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of—

(b) specify the date on which it comes into effect and the date on which it expires;

(c) explain the effect of subsections (4) and (5) and sections (Appeals against notices under section (Information about guests at hotels believed to be used for child sexual exploitation)) and (Offences).

(3) The date on which the notice expires must not be more than 6 months after the date on which it comes into effect.

(4) A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.

(5) The only information that a constable may require under subsection (4) is—

(a) guests’ names and addresses;

(b) other information about guests that—

(i)
is specified in regulations made by the Secretary of State, and

(ii)
can be readily obtained from one or more of the guests themselves.

(6) A requirement under subsection (4)—

(a) must be in writing;

(b) must specify the period to which the requirement relates;

(c) must specify the date or dates on or by which the required information is to be provided.

The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.

(7) In this section—

“child sexual exploitation” means conduct that constitutes an offence listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c) against a person under 18;

“guest” means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question;

“hotel” includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.

(8) The offences are—

(a) an offence under any of the following sections of the Sexual Offences Act 2003—

sections 5 to 8 (rape and other offences against children under 13);

sections 9 to 13 (child sex offences);

sections 16 to 19 (abuse of position of trust);

sections 25 and 26 (familial child sex offences);

sections 47 to 50 (abuse of children through prostitution and pornography);

(b) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

(c) an offence under any of the following sections of the Sexual Offences Act 2003—

sections 30 to 41 (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder);

section 59A (trafficking people for sexual exploitation);

section 61 (administering a substance with intent);

sections 66 and 67 (exposure and voyeurism).”

56YB

Insert the following new Clause—

“Appeals against notices under section (Information about guests at hotels believed to be used for child sexual exploitation)

(1) A person issued with a notice under section (Information about guests at hotels believed to be used for child sexual exploitation) may appeal against it to a magistrates’ court.

(2) An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.

(3) Where there is an appeal against a notice under section (Information about guests at hotels believed to be used for child sexual exploitation), then until the appeal is finally determined or withdrawn—

(a) no requirement may be imposed under subsection (4) of that section in relation to the premises in question;

(b) any such requirement already imposed is of no effect.

(4) A magistrates’ court hearing an appeal against a notice under section (Information about guests at hotels believed to be used for child sexual exploitation) must—

(a) quash the notice,

(b) modify the notice, or

(c) dismiss the appeal.”

56YC

Insert the following new Clause—

“Offences

(1) An offence is committed by a person who fails without reasonable excuse to comply with a requirement imposed on the person under (Information about guests at hotels believed to be used for child sexual exploitation)(4).

(2) An offence is committed by a person who, in response to a requirement imposed on the person under section (Information about guests at hotels believed to be used for child sexual exploitation)(4), provides incorrect information which the person—

(a) did not take reasonable steps to verify or to have verified, or

(b) knows to be incorrect.

(3) A person does not commit an offence under subsection (2)(a) if there were no steps that the person could reasonably have taken to verify the information or to have it verified.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

Before Clause 130

LORD TAYLOR OF HOLBEACH

56YD

Insert the following new Clause—

“Power to take further fingerprints or non-intimate samples

(1) In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—

(a) in subsections (5A) and (5B), for the words after “investigation” in paragraph (b) there is substituted “but

(i)
subsection (3A)(a) or (b) above applies, or

(ii)
subsection (5C) below applies.”;

(b) after subsection (5B) there is inserted—

“(5C) This subsection applies where—

(a) the investigation was discontinued but subsequently resumed, and

(b) before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.”

(2) In section 63 of that Act (non-intimate samples)—

(a) at the end of subsection (3ZA)(b) there is inserted “, or

(iii)
subsection (3AA) below applies.”;

(b) in subsection (3A)(b), for “insufficient; or” there is substituted “insufficient, or

(iii)
subsection (3AA) below applies; or”;

(c) after subsection (3A) there is inserted—

“(3AA) This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—

(a) any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and

Schedule 8

BARONESS KENNEDY OF THE SHAWS

“(5) The Secretary of State shall collect on an annual basis the records of all examinations and detentions, including information on the protected characteristics under the Equality Act 2010 of those being examined and detained, and reports of all reviews of detentions for the purposes of monitoring and statistical analysis.”

(6) In paragraph 5 after “A person who is questioned under paragraph 2 or 3”, for “must” substitute “may”.

(7) After paragraph 5 insert—

“5A A person cannot be compelled to answer questions unless the person is arrested pursuant to section 41 of the Terrorism Act.””

LORD LESTER OF HERNE HILL

LORD AVEBURY

57A

Page 171, line 21, at end insert—

“Limits on duty to give information and documents

In paragraph 5(1) of Schedule 7 to the Terrorism Act 2000, before “A person who is questioned” there is inserted “Subject to paragraph 9A below,”.”

BARONESS KENNEDY OF THE SHAWS

LORD LESTER OF HERNE HILL

LORD AVEBURY

58

Page 171, line 30, at end insert—

“(2A) A person questioned under paragraph 2 or 3 may not be detained under paragraph 6 unless the examining officer has reasonable grounds to suspect that he is a person falling within section 40(1)(b).”

BARONESS KENNEDY OF THE SHAWS

59

Page 171, line 32, leave out “6” and insert “3”

60

Page 171, line 37, leave out first “6” and insert “3”

61

Page 171, line 37, leave out second “6” and insert “3”

LORD LESTER OF HERNE HILL

LORD AVEBURY

61A

Page 171, line 39, at end insert—

“ In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before “An examining officer” there is inserted “Subject to paragraph 9A below,”.”

61B

Page 172, line 28, at end insert—

“ ( ) In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An examining officer” there is inserted “Subject to paragraph 9A below,”.

“Data stored on personal electronic devices

9A (1) For the purposes of this Schedule—

(a) the information or documents which a person can be required to give the examining officer under paragraph 5,

(b) the things which may be searched under paragraph 8, and

(c) the property which may be examined under paragraph 9,

do not include data stored on personal electronic devices unless the person is detained under paragraph 6.

(2) “Personal electronic device” includes a mobile phone, a personal computer and any other portable electronic device on which personal information is stored.””

BARONESS KENNEDY OF THE SHAWS

62

Page 172, line 29, leave out paragraph 4

LORD LESTER OF HERNE HILL

LORD AVEBURY

62A

Page 173, line 4, at end insert—

“Audio- and video-recording of interviews

In paragraph 3(6) of Schedule 8 to the Terrorism Act 2000, the words “if the interview takes place in a police station” are omitted.”

BARONESS KENNEDY OF THE SHAWS

63

Page 173, line 6, at end insert—

“(1A) In paragraphs 6, 7, 8, 9, 16, 17 and 18, for “detained”, in each place, there is substituted “examined or detained”.”

64

Page 173, line 33, at end insert—

“(1A) In sub-paragraph (1), the words “Schedule 7 or” are omitted.”

LORD LESTER OF HERNE HILL

64ZA

Page 174, line 12, leave out from “officer” to end of line 13 and insert—

“(2A) The first review shall be carried out as soon as is reasonably practicable after the time of the person’s detention and not more than one hour from that time.

(2B) Subsequent reviews shall be carried out at intervals of not more than 2 hours.”

After Schedule 8

LORD TAYLOR OF HOLBEACH

64A

Insert the following new Schedule—

“SCHEDULE

POWERS OF COMMUNITY SUPPORT OFFICERS

Introduction

1 Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community support officers) is amended as follows.

Additional powers to issue fixed penalty notices

2 (1) In paragraph 1 (powers to issue fixed penalty notices), in sub-paragraph (2)(b), for the words after “in respect of an offence” there is substituted “listed in sub-paragraph (2B)”.

(2) In sub-paragraph (2) of that paragraph, after paragraph (ca) there is inserted—

“(cb) the power of an authorised officer of a borough council to give a notice under section 15 of the London Local Authorities Act 2004 in respect of an offence under section 38(1) of the London Local Authorities Act 1990 or section 27(1) of the City of Westminster Act 1999 (unlicensed street trading);”.

(3) After sub-paragraph (2A) of that paragraph there is inserted—

“(2B) The offences referred to in sub-paragraph (2)(b) are—

(a) an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling;

(b) an offence under section 5(1) or 8(1) of the Road Traffic Regulation Act 1984 involving a contravention of a prohibition or restriction that relates to—

(i)
stopping, waiting or parking at or near a school entrance,

(ii)
one-way traffic on a road, or

(iii)
lanes or routes for use only by cycles, only by buses or only by cycles and buses;

(c) an offence under section 24 of the Road Traffic Act 1988 (more than one person on a one-person bicycle);

(d) an offence under section 35 of that Act (failing to comply with traffic directions) committed by the rider of a cycle;

(e) an offence under section 36 of that Act (failing to comply with traffic signs) committed by the rider of a cycle who fails to comply with the indication given by a red traffic light;

(f) an offence under section 42 of that Act of contravening or failing to comply with a construction or use requirement about—

(i)
lighting equipment or reflectors for cycles,

(ii)
the use on a road of a motor vehicle in a way that causes excessive noise,

(iii)
stopping the action of a stationary vehicle’s machinery,

(iv)
the use of a vehicle’s horn on a road while the vehicle is stationary or on a restricted road at night, or

(v)
opening a vehicle’s door on a road so as to injure or endanger a person;

(g) an offence under section 163 of that Act (failing to stop vehicle or cycle when required to do so by constable or traffic officer).

(4) After sub-paragraph (4) of that paragraph there is inserted—

“(5) In this paragraph “cycle” has the same meaning as in the Road Traffic Act 1988 (see section 192(1) of that Act).”

Powers to issue fixed penalty notices: consultation with local authorities

3 In paragraph 1, after sub-paragraph (2B) (inserted by paragraph 2(3) above) there is inserted—

“(2C) Before a chief officer of police makes a designation applying this paragraph to any person and specifying or describing an offence listed in sub-paragraph (2B)(b)(i), the officer shall consult every local authority any part of whose area lies within the officer’s police area.

(2D) In paragraph (2C) “local authority” means—

(a) in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; and

(b) in relation to Wales, a county council or a county borough council.”

General power of seizure

4 After paragraph 2A there is inserted—

“General power of seizure

2B Where a designation applies this paragraph to any person—

(a) that person shall, when lawfully on any premises in the relevant police area, have the same powers as a constable under section 19 of the 1984 Act (general powers of seizure) to seize things;

(b) that person shall also have the powers of a constable to impose a requirement by virtue of subsection (4) of that section in relation to information accessible from such premises;

(c) subsection (6) of that section (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything by a constable;

(d) section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable and to an officer included references to that person; and

(e) sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (b)—

(i)
as they have effect in relation to anything seized in exercise of the power conferred on a constable by section 19(2) or (3) of that Act or taken away by a constable following the imposition of a requirement by virtue of section 19(4) of that Act; and

(ii)
as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.”

Powers with regard to charity collectors

5 After paragraph 3A there is inserted—

“Power to require name and address etc: charity collectors

3B Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable—

(a) under section 6 of the House to House Collections Act 1939 to require a person to give his name and address and to sign his name; and

(b) under regulations under section 4 of that Act to require a person to produce his certificate of authority.”

Power to stop cycles

6 In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the words after “has committed an offence” there is substituted “listed in paragraph 1(2B)(a) to (e), (f)(i) or (g)”.”

Clause 135

LORD TAYLOR OF HOLBEACH

64B

Leave out Clause 135 and insert the following new Clause—

“Powers of community support officers

Schedule (Powers of community support officers) (which amends Part 1 of Schedule 4 to the Police Reform Act 2002) has effect.”

After Clause 135

BARONESS SMITH OF BASILDON

LORD ROSSER

64C

Insert the following new Clause—

“Long-term police authorisation requiring independent approval

(1) The Regulation of Investigatory Powers Act 2000 is amended as follows.

(1) This section applies where a relevant person has granted a long-term authorisation under section 29.

(2) The authorisation is not to take effect until such time (if any) as the relevant independent body has made an order approving the grant of the authorisation.

(3) The relevant independent body may give approval under this section to the granting of an authorisation under section 29 if, and only if, the relevant independent body is satisfied that—

(a) at the time of the grant—

(i)
there were reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b) are satisfied in relation to that authorisation, and

(ii)
the relevant conditions were satisfied in relation to that authorisation, and

(b) at the time when the relevant independent body is considering the matter, there remain reasonable grounds for believing that the requirements of section 29(2), and any requirements imposed by virtue of section 29(7)(b) are satisfied in relation to that authorisation.

(4) For the purposes of subsection (3), the relevant conditions in relation to a grant by an individual holding an office, rank or position in a relevant law enforcement agency, that—

(a) the individual was a designated person for the purposes of section 29,

(b) the grant of an authorisation was not in breach of any prohibition imposed by virtue of section 29(7)(a) or any restriction imposed by virtue of section 30(3), and

(c) any other conditions that may be provided for by the Secretary of State were satisfied.

(5) In this section—

“relevant law enforcement authority” means—

(a) a police force in the United Kingdom, and

(b) the National Crime Agency;

“relevant judicial authority” means—

(a) in relation to England and Wales, the High Court of Justice in England and Wales,

(b) in relation to Scotland, the Court of Session, and

(c) in relation to Northern Ireland, the High Court of Justice in Northern Ireland;

“relevant person” means—

(a) an individual holding an office, rank or position in a police force in the United Kingdom, and

(b) an individual holding an office, rank or position in the National Crime Agency.

(6) In this section—

“relevant independent body” must be set out by the Home Secretary in a motion passed by both Houses of Parliament before this section is enacted;

“long-term” must be set out by the Home Secretary in a motion passed by both Houses of Parliament before this section is enacted.””

Clause 137

LORD HODGSON OF ASTLEY ABBOTTS

65

Page 104, line 20, leave out “prosecution decision” and insert “decision to try”

66

Page 104, line 24, leave out “prosecution decision” and insert “decision to try”

67

Page 104, line 28, leave out “have not made a decision to charge or”

68

Page 104, line 32, at end insert “, and the category 1 territory’s unreasonable refusal to consent to a request for a temporary transfer under subsection (3) of section 21B is not the sole reason for that failure”

69

Page 104, line 36, leave out “a decision to charge and”

70

Page 104, line 37, leave out from beginning to “the” in line 38

71

Page 104, line 40, at end insert “, and the person’s presence in order to enable either decision to be made could not be arranged by video-link, subject to appropriate safeguards to ensure respect for the requested person’s rights of defence, or

(iii)
in a case where one of those decisions has not been made (or neither of them has been made), the unreasonable refusal of the category 1 territory to consent to a request for a temporary transfer under subsection (3) of section 21B is not the sole reason for that failure”

72

Page 104, line 40, at end insert—

“( ) In order to assess whether there are “reasonable grounds” within the meaning of subsection (1)(a), the judge shall have regard to—

(a) the statement contained in the Part 1 warrant; and

(b) any other relevant evidence, including external evidence regarding the state of the proceedings and the past record of the Part 1 territory.”

73

Page 104, line 41, leave out ““to charge and”

74

Page 104, line 42, leave out “mean” and insert “means”

75

Page 105, leave out lines 1 and 2

Clause 138

LORD HODGSON OF ASTLEY ABBOTTS

76

Page 105, line 23, leave out from “proportionality” to end of line 24

77

Page 105, line 30, leave out “possibility of the relevant foreign authorities taking” and insert “availability, to the relevant foreign authorities, of”

78

Page 105, line 31, at end insert—

“(d) the likely consequences of extradition for the suspect and their family;

(e) the passage of time since the conduct of alleged to constitute the extradition offence;

(f) the costs of extradition for the United Kingdom;

(g) the likely duration and cost of the proceedings in the category 1 territory;

(h) the public interest in the extradition; and

(i) any other matter which the judge considers to be relevant.”

79

Page 105, line 31, at end insert—

“( ) If the judge decides that the relevant foreign authorities have available to them other measures which would be less coercive than the extradition of D, the judge shall conclude that extradition would be disproportionate.”

80

Page 106, line 3, after “means” insert “all”

81

Page 106, line 5, after “ahead” insert “and not only the judicial authority which issued the Part 1 warrant”

After Clause 138

LORD HODGSON OF ASTLEY ABBOTTS

82

Insert the following new Clause—

“Person unlawfully at large: human rights and proportionality

(1) For section 21 of the Extradition Act 2003 there is substituted—

“21 Person unlawfully at large: human rights proportionality

(1) If the judge is required to proceed under this section (by virtue of section 20), the judge must decide both of the following questions in respect of the extradition of the person (“D”)—

(a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998; and

(b) whether the extradition would be disproportionate.

(2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality.

(3) These are the specified matters relating to proportionality—

(a) the seriousness of the conduct for which the requested person was convicted of the extradition offence;

(b) whether the sentence which the person received in respect of the extradition offence was initially suspended;

(c) the conduct of the requested person;

(d) the passage of time since the person became unlawfully at large; and

(e) any other matter which the judge considers to be relevant.

(4) The judge must order D’s discharge if the judge makes one or both of these decisions—

(a) that the extradition would not be compatible with the Convention rights;

(b) that the extradition would be disproportionate.

(5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions—

(a) that the extradition would be compatible with the Convention Rights;

(b) that the extradition would not be disproportionate.

(6) If the judge makes an order under subsection (5), he must remand the person in custody or on bail to wait for extradition to the category 1 territory.

(7) If the person is remanded in custody, the appropriate judge may later grant bail.”

(2) In deciding any question whether section 21 of the Extradition Act 2003 is compatible with European Union law, regard must be had, in particular, to Article 1(3) of the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (which provides that that decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union).”

Clause 140

LORD HODGSON OF ASTLEY ABBOTTS

83

Page 107, line 26, at end insert “(which must include a specific timeframe within which the person must be returned to the United Kingdom)”

84

Page 107, line 29, at end insert—

“( ) However, the judge must not make any order under subsection (5) if the Part 1 territory has not provided assurances, which the judge considers satisfactory, that the person will be returned to the United Kingdom within the period specified in the judge’s order made under subsection (5).”

85

Page 107, line 33, after “withdrawn)” insert “, unless new circumstances arising since that consent was given justify it”

86

Page 107, line 37, after “withdrawn)” insert “, unless new circumstances arising since that consent was given justify it”

87

Page 107, line 44, at end insert—

“(10) If the requested person makes a request under subsection (3), and the Part 1 territory unreasonably refuses to consent that request, the judge shall consider that there are less coercive measures available for the purposes of section 21A of this Act.

(11) If the Part 1 territory refuses to provide the assurance required under subsection (6), the judge shall consider that there are less coercive measures available for the purposes of section 21A of this Act.”

Clause 141

LORD HODGSON OF ASTLEY ABBOTTS

88

Page 108, line 1, leave out paragraphs (a) and (b)

88A

Page 108, line 4, at end insert—

“( ) in subsection (4), for “7” substitute “14”;”

89

Page 108, leave out lines 6 to 10 and insert—

“( ) Where a person gives notice of appeal after the end of the permitted period, the High Court may nevertheless entertain that appeal if it is in the interests of justice to do so.”

90

Page 108, line 11, leave out subsection (2)

91

Page 108, leave out lines 23 to 27 and insert—

“( ) Where a person gives notice of appeal after the end of the permitted period, the High Court may nevertheless entertain that appeal if it is in the interests of justice to do so.”

92

Page 108, leave out lines 41 to 46 and insert—

“( ) Where a person gives notice of appeal after the end of the permitted period, the High Court may nevertheless entertain that appeal if it is in the interests of justice to do so.”

BARONESS SMITH OF BASILDON

LORD ROSSER

The above-named Lords give notice of their intention to oppose the Question that Clause 141 stand part of the Bill.

After Clause 142

LORD HODGSON OF ASTLEY ABBOTTS

93

Insert the following new Clause—

“Discretion to refuse extradition where requested person wanted under European arrest warrant is a British national or resident

After section 20 of the Extradition Act 2003 there is inserted—

“20AService of sentence in United Kingdom

(1) If the judge is required to proceed under this section, he must decide whether the person is a United Kingdom national or a resident of the United Kingdom.

(2) If the judge decides the question in subsection (1) in the negative, he must proceed under section 21.

(3) If the judge decides that question in the affirmative, he must decide whether it is possible for the person to serve the sentence in the United Kingdom.

(4) If the judge decides the question in subsection (3) in the negative, he must proceed under section 21.

(5) If the judge decides that question in the affirmative, he must decide whether the person consents to serve the sentence for which his extradition is sought in the United Kingdom.

(6) If the judge decides the question in subsection (5) in the negative, he must proceed under section 21.

(7) If the judge decides that question in the affirmative, he may refuse extradition provided that he orders the person to serve the sentence (or to complete the service of the sentence) in the United Kingdom.

(8) Where the judge makes an order under subsection (7), he shall issue a warrant authorising the person’s detention in the United Kingdom and containing any provisions which the judge considers appropriate for giving effect to the sentence which gave rise to the proceedings (or the portion of the sentence remaining unserved).””

94

Insert the following new Clause—

“Request of further information where suspicion of mistaken identity

In section 7 of the Extradition Act 2003 (identity of person arrested), after subsection (4) there is inserted—

“(4A) If the judge decides that question in the affirmative, he must decide whether the person in respect of whom the warrant was issued is the person who is alleged to have committed, or to have been convicted for, the offence on which the warrant is based.

(4B) The judge must decide the question in subsection (4A) on the balance of probabilities, but if he considers there is reasonable doubt as to that question, he may not decide it in the affirmative unless he has first requested the issuing authority to provide further information within the time specified in the request (which must not be less than a reasonable time in all the circumstances) and the issuing authority has provided him with the information requested within that time.

(4C) If the judge decides the question in subsection (4A) in the negative, he must order the person’s discharge.””

95

Insert the following new Clause—

“Effective refusal grounds for breach of human rights

After section 21B of the Extradition Act 2003 there is inserted—

“21CHuman rights: legal and evidential standards

(1) This section applies if the judge is required, under section 21 or 21A, to determine whether extradition would be compatible with the Convention rights.

(2) The person’s extradition would not be compatible with the Convention rights if—

(a) there is a real risk that the person, if surrendered, would be subject to treatment in the category 1 territory that, if taking place in the United Kingdom, would be an act or omission made unlawful by section 6 of the 1998 Act;

(b) in relation to the matters giving rise to the Part 1 warrant, the person has previously been subject to treatment that, if taking place in the United Kingdom, would be an act or omission made unlawful by section 6 of the 1998 Act; or

(c) the person’s removal from the United Kingdom would be incompatible with the Convention rights.

(3) The judge shall not treat a matter set out in subsection (2)(a) or (b) as established unless there is material before him on which a court might reasonably so conclude; but if there is such material before him, he shall treat that matter as established unless satisfied to the contrary.

(4) For the purposes of subsection (3), the judge shall have regard to—

(a) judgments issued by the European Court of Human Rights against the category 1 territory under Article 46 of the Convention (pilot judgment);

(b) the existence of proceedings under Article 226 of the Treaty on the Functioning of the European Union against the category 1 territory in respect of measures adopted under Article 82(2) of that Treaty, and any judgment given by the Court of Justice of the European Union in such proceedings.””

Clause 147

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

LORD STEVENS OF KIRKWHELPINGTON

95ZA

Page 119, line 13, at end insert—

“( ) In making an order under subsection (1), the Secretary of State must include in the specification a requirement that the person be licensed and work for a company that is licensed by the Security Industry Authority.”

Before Clause 155

LORD PONSONBY OF SHULBREDE

95A

Insert the following new Clause—

“Discretion in ordering victim surcharge to offenders under the age of 18

In section 161(A) of the Criminal Justice Act 2003 (court’s duty to order payment of surcharge), after subsection (4) there is inserted—

“(5) In the case of offenders under the age of 18, the ordering of payment of a victim surcharge may be at the discretion of the sentencing body.””

Clause 155

LORD TAYLOR OF HOLBEACH

95B

Page 125, line 24, leave out “for the first time”

95C

Page 125, line 27, at end insert—

“(8) But subsection (7) does not apply if the statutory instrument only adjusts a fee to reflect changes in the value of money.”

Schedule 9

BARONESS SMITH OF BASILDON

LORD ROSSER

96

Page 180, line 9, leave out paragraphs 24 to 27

LORD TAYLOR OF HOLBEACH

97

Page 193, line 21, at end insert—

“Police and Criminal Evidence Act 1984 (c. 60)

(1) Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police station) is amended as follows.

(2) In paragraph 1 (fingerprinting: persons arrested and released)—

(a) in sub-paragraph (2), for “section 61(5A)(b)” there is substituted “section 61(5A)(b)(i)”;

(b) after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

(3) In paragraph 2 (fingerprinting: persons charged etc)—

(a) in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted “section 61(5B)(b)(i)”;

(b) at the end of sub-paragraph (2) there is inserted “, or

(c)
in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.”

(a) in sub-paragraph (2), for “within section 63(3ZA)(b)” there is substituted “within section 63(3ZA)(b)(i) or (ii)”;

(b) after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

(5) In paragraph 10 (non-intimate samples: persons charged etc)—

(a) in sub-paragraph (3), for “within section 63(3A)(b)” there is substituted “within section 63(3A)(b)(i) or (ii)”;

(b) after sub-paragraph (4) there is inserted—

“(5) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.””

98

Page 196, line 21, at end insert—

“Police Reform Act 2002 (c. 30)

In Schedule 4, in paragraph 1(2), the word “and” at the end of paragraph (ca).”

99

Page 199, line 28, at end insert—

“section 189E(1)(b);””

Clause 157

LORD TAYLOR OF HOLBEACH

100

Page 126, line 5, leave out “containing an” and insert “containing—

( ) an order under section 4(5),

( ) an order under section 50(4), or

( ) an”

Clause 159

LORD TAYLOR OF HOLBEACH

101

Page 126, line 40, at end insert—

“( ) sections (Information about guests at hotels believed to be used for child sexual exploitation) to (Offences);”

102

Page 126, line 41, leave out “section” and insert “sections (Power to take further fingerprints or non-intimate samples), (Power to retain fingerprints or DNA profile in connection with different offence) and”

103

Page 126, line 42, leave out “135” and insert “(Powers of community support officers) and Schedule (Powers of community support officers)”

104

Page 127, line 5, leave out “, 101” and insert “to (Possession of firearms by persons previously convicted of crime)”

Clause 160

LORD BLAIR OF BOUGHTON

LORD CONDON

BARONESS MANNINGHAM-BULLER

105

Page 128, line 31, at end insert—

“(11) Within three months of the passage of this Act, the Secretary of State shall seek written advice from the Intelligence and Security Committee as to whether there are any considerations of national security and intelligence which would need to be examined in relation to the appointment of a non-UK national to the following posts—

(a) the Commissioner of Police for the Metropolis,

(b) the Deputy Commissioner of Police for the Metropolis,

(c) the Assistant Commissioner of the Metropolitan Police appointed by the Commissioner to have operational responsibility for UK counter-terrorist policing,

(d) the Director General of the National Crime Agency, and

(e) any successors who hold posts with equivalent responsibilities in the future.

(12) Section 126 shall not come into force until the Intelligence and Security Committee has reported its findings under subsection (11) to the Secretary of State and a copy of those findings has been laid before both Houses of Parliament.”